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HomeMy WebLinkAboutFIN 2020-05-28 Item 1B - Contract - Assessment and Planning for 2020 Facility Study with McKinstryCity of Tukwila a Allan Ekberg, Mayor Administrative Services Department- Rachel Bianchi, Deputy CityAdministrator INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Rachel Bianchi, Deputy City Administrator CC: Mayor Allan Ekberg DATE: May 19, 2020 SUBJECT: City of Tukwila 2020 Facility Study (City Hall Campus, Tukwila Community Center, Fire Station 53 and Fire Station 54 — Assessment and Planning Services) McKinstry ISSUE Execute contract to provide Assessment and Planning Services for the City of Tukwila 2020 Facility Study (City Hall Campus, Tukwila Community Center, Fire Station 53 and Fire Station 54). BACKGROUND With the imminent opening of the Tukwila Justice Center, many staff members currently inhabiting City Hall and the 6300 building will move out of these facilities, leaving significant unused space. The 2015 Facilities Study adopted by the Council contemplated a future with a renovated City Hall, housing all City Hall Campus staff, and the ultimate demolition of the 6300 building. Since the Justice Center will open in September of this year, it is time to start the next phase of City Hall Campus planning. In addition, the City lacks up to date seismic information on its facilities, making it difficult to determine the best next steps for facilities planning. A6*6111*11i[Q►1 The City engaged in a public procurement process that included advertising a request for proposals from interested firms in the Daily Journal of Commerce, reviewing and scoring proposals received and selecting a firm. McKinstry is being recommended as the selected firm. The City has confirmed that McKinstry is well qualified to conduct the work requested. McKinstry initially set forth a four -phase program that would provide seismic and facility condition assessment, space planning at City Hall, develop a concept and provide a final report to the City Council. Due to the revenue shortfall associated with the coronavirus pandemic, staff is proposing doing phases one and two now and deferring the final concept to a later date. Phases one and two will allow the City to better understand the seismic condition of City Hall, 6300 Building, Tukwila Community Center, Fire Station 53 and Fire Station 54. Moving forward with these phases will allow the City fully understand the condition of City Hall, the space needs for the organization with the departure of the Court and Police Department to the Justice Center, and develop a preferred option (with initial cost estimates) to address facilities needs at the City Hall Campus. This information will assist the City in determining next steps for the City Hall Campus, which is expected to be discussed as a part of the development of the 2021/2022 budget. FISCAL IMPACT The following table shows the cost estimates for phase 1 and phase 2 with the combined not to exceed total of $188,200. There is currently $190 thousand in the Facilities 303 fund to cover this expenditure. Phase 1 - (Seismic and Facility Condition Assessment) 143,400.00 Phase 2 - (Space Planning to City Hall) 44,800.00 Total $188,200.00 67 RECOMMENDATION Council is being asked to approve the Assessment and Planning services contract for scope of work, associated fees, and schedule described above and in Exhibit A. In addition, staff is requesting authority for the mayor to sign a no -cost contract amendment with both SOJ and the Council's Program Management Quality Assurance consultant to provide oversight and quality assurance monitoring of McKinstry during the two phases of this project. Both SOJ and the PMQA have indicated there is room in the existing contracts to perform such services. ATTACHMENTS Proposal for McKinstry's Assessment and Planning services with Scope of Work and Fee Proposed contract Comprehensive capital improvement program spreadsheet developed for May 18, 2020 meeting Phone: 206-433-I800 • Email: Mayor@TukwilaWA.gov + Website: TukwilaWA.gov For Phase 1 & 2 Planning Proposal City of Tukwila City Hall Needs Assessment and Planning Services APRIIL 28, 2020 • • • ME instry ife Of Your Building J 4/28/20 Rachel Bianchi 5005 3rd AVE. S. • SEATTLE, WA 98134 • 206.762.3311 •mckinstry.com Deputy City Administrator City of Tukwila 6300 Southcenter Boulevard, Suite 115 Tukwila, WA 98188 Justine Kim Partner Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 Re: City Hall Needs Assessment and Planning Services — Phase 1 & 2 Dear Rachel, I'm pleased to provide McKinstry's proposal for the City Hall campus needs assessment master plan project. The enclosed pricing is based on the program scope and goals communicated by your team and McKinstry's understanding of the City of Tukwila's need for support in assessing the current condition and helping city stakeholders plan the next evolution of the City Hall campus. McKinstry and our subcontract partners Signal, tklsc, and RC Cost Group are excited to begin the discovery process for at City Hall and to provide your team with valuable capital planning and risk management information. Please contact me if you have any additional questions about this pricing proposal. I look forward to hearing from you. Sincerely, Grant Granger Account Executive, Technical Services 206-552-3020 grants@mckinstry.com 70 City of Tukwila: City Hall Campus Needs Assessment and Planning Services — Phase 1 &2 Proposal Overview PHASE OUTCOME COST DESIGN TEAM TASKS ANTICIPATED ENGAGEMENT ANTICIPATED DURATION instry ife Of Your Building 1 DEFINE THE PROJECT Risk identification and high level programming information $143,400 Seismic Assessment of City Hall 3 6360 Identification of critics! seismic Issues and retrofit costs to remediate. Facility Condition Assessment of City Hall Full visibility into the deferred maintenance, life aspactanq, and short•tarm/long•tarm capital replacement roses for all building assets. Includes NPV comparison. Vat/Research Previous Study An In depth assessment of the previous information collected and a collection of new data to provide appropriate context for the grew project. Create Program/Inventory A detailed assessment of the remaining departments and the necessary space and activities that should be accommodated in the program. Determine Planning Priorities Create a strategic set of priorities with the advisory committee input. Test Fit$ Build a pros and con's list from the in'iteI FCA flndirgs, establish adjacencies of departments. Seismic Assessment Tukwila Community Center, Fire Station 53 and Fire Station 54, Identify seismic issues and retrofit costs to remediate. Additional Option Service Abbreviated 63CO FCA Summary/overview and streamlined data applied to capital planning tools • weekly Check -ins with SAJ • Two meetings/interviews of key stakeholders One meeting to review and report on findings up to this point June 1 - July 15 2 EVALUATE THE PROJECT Focused Information $44,800 Interview Departments and Users Through a series of Interviews the team will document and assess the needs from staff. Develop Space Planning Optians Develop a series of space plans that illustrate the possibilities for accommodating the program within the space. Vat Preferred Option and Build Team Recommendations With guidance from the Cry Advisory Committee, the team will vet and hone the preferred option. Identify recommended programming locations far specific structures based on analysts of FCA and the technical performance crlteria. Technical. Review of Building Parfo anon ca ifor preferred option) Understanding of critical systems -haled implications for expansion or retrofit decisions, Progress Report(s) to Council Up to two presentations to council on findings to date and preliminary recommendation Recommendation will include preliminary, rough -order -of - magnitude cost ranges of the preferred space plan recommendation. • Weekly Check -Ins with SOJ • One workshop with key department stakeholders • One meeting to review and report on findings up to this point • Council presentations) July 15 - August 15 a. '(INCEPT Enargr Efficiency Improvements/Critical Systems Planning 4Aalrrancn oe rcr r,—ble syste�:c and rr,ncept 1e 1 identity and ILiustrate A, , h 1 rn... t„r:,;. -n:pr r.'..,:....rrt WQ kiy Cheek -ins with SQJ One v.orkshap of kcy deparrmeEd r.l.ak-�hrld--r. August 15 - September 15 CONFIDENTIAL & PROPRIETARY CITY OF TUKWILA CITY HALL CAMPUS k1sc NEEDS ASSESSMENT PLANNING SERVICES 1 1 4 REPORT TO COUNCIL Precise Inforrnatior City Leadership Presentation Fi ovi;lF �n�pr,:l rr. pie - p,eEeraa�nn (.pprdl n a[? pr 9,pnt.a i i,]n ,Vi?1', C]L 43 p1--q Thmkiny ��r. T,,pn_ bo!t—Ina• p]a mng Septernber15- Octuber15 City of Tukwila: City Hall Campus Needs Assessment and Planning Services — Phase 1 &2 Phase 1 Deliverables McKinstry team will provide City of Tukwila with a consolidated Phase 1 report that includes: Seismic Assessment • Written assessment of key seismic findings based on review of the reasonably accessible portions of the existing facilities and review of prior documentation. • Coordination with RC Group independent cost estimators for pricing of any recommended/necessary seismic retrofits at all five facilities, if required Facility Condition Assessment • Facility condition assessment including a summary description of each site and facility with necessary and recommended improvements, Analysis of critical (immediate) repairs, and repairs anticipated over the term of the analysis, schedule for recommended replacement or repairs (schedule of priorities), and 5-year annual cost breakdown with recommendations for project prioritizations. Also includes full facility asset inventory in Excel database format and FCAViz capital planning and scenario visualization tool. Programming and Architectural Analysis Analysis of prior recommendations/documentation, anticipated departmental space needs, and City established planning priorities. Preliminary recommendations which may include written descriptions, photographs, diagrams, and drawings. Preliminary recommendation will also include initial rough -order -of - magnitude cost ranges of the preferred programming direction. Phase 2 Deliverables • Progress report out to Key Stakeholders and/or Council on key findings, preferred option, and preliminary recommendations including high-level cost guidance. Timeline & Staffing The McKinstry project team will be led by Keith Bass, Project Director for McKinstry's Technical Services consulting team. Keith will be the City's day-to-day point of contact and will be responsible for coordinating key meetings and milestone check -ins, and ensuring that every deliverable meets the City's expectations for the project. Keith will work closely with Kristin Kelsey and Mark Johnson from Signal Architecture + Research. Jason Tornquist of tklsc will lead the delivery of the seismic assessments; and Andy Cluness from RC Cost Group will provide independent cost estimation for the preferred option developed by the combined team. Keith will also be supported by additional McKinstry subject matter experts including Mark Hood, Senior Facility Assessment Consultant; Mark Nieman, Building Energy Program Manager; and Scott Henderson, Commissioning Lead. We have assumed a June 1 start date for Phase 1 of the project following notice to proceed from the City. The McKinstry team will establish appropriate project progress meetings in collaboration with the City of Tukwila team. Our preliminary recommendation of key stakeholder meetings and phasing in order to meet the City's objectives can be found on the proposed schedule on the following page. try CONFIDENTIAL &PROPRIETARY \ CITY OF TUKWILA CITY HALL CAMPUS tk1sc ifeOfYour Building 1} NEEDS ASSESSMENT& PLANNING SERVICES 11 72 City of Tukwila: City Hall Campus Needs Assessment and Planning Services Proposed Schedule C z m M/'ojr V Test Fits �Plannint Priorities Create Program ,Yet Report/Research Technical. Review FCA 6300 Cif needed) ,Preferred Option I Cost Estimate ,FCA City Halt ' 'Space Planning �Architecturat Improvements Seismic Assessment Interviews ,Critical. Sysms i 1 ,Create Proseptation 1p c -P 0 -P of 9 Q,o d oz, S 4w Se ac °a Ci 3 S�$ �%� S'e� �iy� 7 G�i ¢S,j `�� °'� �reT qj �°ra �s,� Orm 7 rb �4 j `eo LY �i°fi� y `� 16U 6 ptpl-i� ap jam' �ip?z ep 0 ��^6.0 �� �PFi0 k Ilk 12, d�� f,�% �061 �9 �.9 instry CONFIDENTIAL&PROPRIETARY CITY OF TUKWILA CITY HALL CAMPUS i/e0/Your Building NEEDS ASSESSMENT& PLANNING SERVICES 1 1 W tk1sc z 0 m 7 74 City of Tukwila: City Hall Campus Needs Assessment and Planning Services Pricing BASE SCOPE: BY -PHASE LUMP SUM PRICE The Phase 1 & 2 fees listed below detail the McKinstry project team's costs to complete each phase of the core Needs Assessment and Planning services program. Phase 1: Define the Project $143,400 Phase 2: Evaluate the Project $44,800 Total Phase 1 and 2 Scope $188,200 OPTIONAL ADDITIONAL SCOPE: ITEMIZED LUMP SUM PRICE The City of Tukwila may authorize the below scope addition via formal change order during Phase 1 if desired. Abbreviated Facility Condition Assessment of 6300 Building (Phase 1) 1 $9,600 ASSUMPTIONS • Work will be executed during normal business hours (6AM — 4PM, M-F) • The City shall make key department Stakeholders and maintenance/operations personnel available for interviews as reasonably requested by the project team. McKinstry team will make every effort to minimize disruption to the daily work activities of participating City personnel • Proposal assumes that key project meetings and stakeholder interviews can be held virtually or via phone while social distancing guidelines or stay-at-home orders remain in effect. • Proposed schedule is contingent upon available site access to perform necessary assessments of facility assets, systems performance, and space considerations. • City shall recognize the site seismic and condition assessments as essential services supporting the continuity of core City operations in compliance with the Governor's Stay Home --Stay Healthy Order. • McKinstry site assessment team including subcontractors shall comply with McKinstry's Social Distancing Protocol and COVID-19 Safety & Security Response Plan, or applicable City standards where more stringent. • For effective execution of this letter of intent we ask that City of Tukwila provide access to the following for each facility, if it has not already been granted: • Good Faith Survey for existing facilities • Historical utility bills for the last 24 months. • All mechanical, electrical, architectural, and structural drawings. • All operational and maintenance manuals, balancing records, & specifications. • Access to individuals that have relevant information pertaining to the day-to-day operation of energy using systems on site. Existing sustainability and energy efficiency goals for City operations try CONFIDENTIAL &PROPRIETARY \ CITY OF TUKWILA CITY HALL CAMPUS 1} tk1sc ifeOfYour Building NEEDS ASSESSMENT& PLANNING SERVICES 11 75 City of Tukwila: City Hall Campus Needs Assessment and Planning Services • Access, reports or information to City CMMS workorder system • Information on recent major project history (last 10 years) for each facility ACCEPTED BY: City of Tukwila Rep Name & Title Signature McKinstry Essention, LLC. Geremy Wolff Regional Director, Technical Services Signature Date Date CONFIDENTIAL &PROPRIETARY \ try CITY OF TUKWILA CITY HALL CAMPUS ifeOfYour Building 1} NEEDS ASSESSMENT& PLANNING SERVICES 12 tk1sc 76 City of Tukwila: City Hall Campus Needs Assessment and Planning Services Terms and Conditions PERFORMANCE OF WORK McKinstry shall perform the scope of work ("Work") specified herein. McKinstry shall furnish all services necessary to perform the Work and perform the Work to completion diligently, expeditiously and with adequate forces. Customer shall use its best efforts to provide all information, materials, documents, and assistance that is reasonably required for McKinstry to perform any and all aspects of the Work. PAYMENTS Customer shall pay McKinstry the compensation specified herein ("Price") for the value of Work that McKinstry has completed, as the Work is completed. Customer shall pay McKinstry within fifteen (15) days of receiving an invoice. McKinstry will be entitled to interest at the rate of 1.5 percent per month on all sums overdue and unpaid from the date due. WARRANTIES Customer shall receive a one (1) year warranty that covers labor and materials provided by McKinstry as part of the Work. This warranty commences on the date that the portion of the Work warranted is substantially complete. However, McKinstry makes no warranty whatsoever regarding components of the Work provided by third parties, and in such case the terms of the third party's warranty, including manufacturers' warranties, if any, shall apply between Customer and the third party. The warranties in this section are exclusive and in lieu of all other warranties, whether express or implied. TERMINATION Either Party may terminate this agreement upon fifteen (15) days written notice to the other Party. In such case, the rights and obligations of each Party that arose prior to the termination date shall survive such termination. DISPUTES In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute remains unresolved more than thirty (30) calendar days after the commencement of negotiation, and the Parties have not agreed to extend such date, then the Parties shall pursue mediation. If any dispute remains unresolved more than sixty (60) calendar days after the commencement of mediation, then either Party may pursue arbitration. No litigation will be commenced by either Party unless all of the foregoing steps have been pursued to completion. CHOICE OF LAW, VENUE The validity, interpretation, and performance of this agreement shall be governed by the laws of the state in which the Work is performed. The venue for resolving any dispute shall be the county in which the Work is performed. FORCE MAJEURE Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that the Party's performance is prevented by an event or events that are beyond the control of such party, including but not limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution, insurrection, riot, strike, nuclear contamination, and/or acts or threats of terrorism. try CONFIDENTIAL &PROPRIETARY \ CITY OF TUKWILA CITY HALL CAMPUS 1} tk1sc ifeOfYour Building NEEDS ASSESSMENT& PLANNING SERVICES 13 77 City of Tukwila: City Hall Campus Needs Assessment and Planning Services Notwithstanding any other provision(s) of this or any related agreement(s), if McKinstry's work is delayed, disrupted, suspended, or otherwise impacted as a direct or indirect result of COVID-19 (coronavirus), including, but not limited to, by (1) disruptions to material and/or equipment supply; (2) illness of McKinstry's workforce and/or unavailability of labor; (3) government quarantines, closures, or other mandates, restrictions, and/or directives; (4) owner or contractor restrictions and/or directives; and/or (5) fulfillment of McKinstry's contractual or legal health and safety obligations associated with COVID-19; then, McKinstry shall be entitled to a reasonable equitable adjustment to its scope, schedule, duration, and price to account for such delays, disruptions, suspensions, and impacts. NO WAIVER No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver. INTELLECTUAL PROPERTY Intellectual property provided by McKinstry to Customer as part of the Work are instruments of service owned by McKinstry and are not "work made for hire" as such term is defined under U.S. copyright law. When the Work is performed to completion, McKinstry grants to Customer a limited license to use the Intellectual Property to operate, maintain, renovate, and manage the subject matter of the Work. DAMAGES LIMITATION Neither party shall be liable to the other party for any consequential, indirect, special, incidental, exemplary, or similar, damages or losses, including loss of profits, arising out of or relating to this agreement, whether based in contract or tort or any other theory, even if a party has been advised of the possibility of such damages. Furthermore, the total aggregate liability of either party, under any theory, is limited to the agreement price. INDEMNIFICATION McKinstry shall indemnify and hold harmless Customer from and against all third party claims, damages, losses and expenses for bodily injury, sickness, disease, or death or destruction of tangible property, directly arising from McKinstry's performance of the Work, but only to the extent caused by the negligent acts or omissions of McKinstry. SEVERABILITY, SURVIVAL If any portion of this agreement shall be held invalid in whole or in part under any law, rule, regulation, or order, then such portion shall remain in effect only to the extent permitted, and the remaining portions of the agreement shall remain in full force and effect. Any invalid portions shall be substituted with an interpretation that most accurately reflects the Parties' intentions. AMENDMENT This agreement may not be amended except pursuant to a written amendment signed by an authorized signer of each Party. COMPLETE AGREEMENT This agreement, including the exhibits attached hereto, is a fully integrated agreement. Any legal terms and conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict or are try CONFIDENTIAL &PROPRIETARY \ CITY OF TUKWILA CITY HALL CAMPUS tk1sc ifeOfYour Building 1} NEEDS ASSESSMENT& PLANNING SERVICES 14 City of Tukwila: City Hall Campus Needs Assessment and Planning Services inconsistent with the terms and conditions contained in the foregoing numbered list. All previous agreements between McKinstry and Customer as to the Work are superseded by this agreement. instry 1/e Of Your Building CONFIDENTIAL & PROPRIETARY CITY OF TUKWILA CITY HALL CAMPUS NEEDS ASSESSMENT & PLANNING SERVICES 15 )) � I � tk1sc 79 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR FACILITIES ASSESSMENT AND PLANNING SERVICES FOR TUKWILA CITY HALL CAMPUS THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and McKinstry, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform assessment and planning services in connection with the project titled City of Tukwila 2020 Facility Study (City Hall Campus, Tukwila Community Center, Fire Station 53 and Fire Station 54). 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at the end December 2020. unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $188,200 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised : 1-2020 0 Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA revised : 1-2020 Page 3 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: McKinstry 5005 3rd Ave. S. Seattle, WA 98134 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised : 1-2020 ME Page 4 DATED this day of 2020. CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O'Flaherty Printed Name: Title: Approved as to Form: Office of the City Attorney CA revised : 1-2020 Page 5 Project Fund No. Project Status 2020 CIP Projects 103, 104, & 303 Funds A B City Funding Funding 2020 Budget C D E F G H I Grant/ 2020 Phase 1 & II 103 Fund Dedicated Rev Expenditures Committed Reductions Balance Policy Decision Council Funding to Date for 2020 5/11/2020 Reduction Go / No Go? Decision 103 Fund - Residential Streets 1 103 99410303 42nd Ave S Phase III Physically completed, final payments City $ 378,000 $ 24,102 $ 353,898 2 103 99110301 53rd Ave S Utility undergrounding, Comcast next Grant Funded 399,000 120,140 278,860 3 103 Various (3) Safe Routes to School Projects Not started, seeking grants, no $ to date Grant Funded $ 5,301,000 4 103 81910301 Traffic Calming On hold due to negative fund balance City 400,000 9,564 53,504 $ 350,000 5 103 Interfund Loan Repayment Covers SCL expenditures for 42 & 53 City 336,932 Total 103 Fund $ 1,177,000 104 Fund - Arterial Streets $ 153,806 $ 1,023,194 $ 350,000 6 104 104 Wages & Benefits Ongoing staff expenses City $ 485,383 $ 93,471 $ 391,912 7 104 98610403 Strander Blvd Extension Closed, final 2020 grant reimbursement City 147,362 $ 475,000 622,362 8 104 99310410 West Valley Hwy Design funds only, underway Grant Funded 600,000 60,237 539,763 9 104 91310407 BAR Bridge over Airport Way Construction awarded 5/4/20 Grant Funded - 2,614,000 17,861 2,596,139 10 104 91810404 42nd Ave S Bridge Replacement In-depth bridge inspection City 39,884 39,884 11 104 91810404 42nd Ave S Bridge Replacement 30% Design proposals due 5/19/20 City/WM tax 320,000 680,000 $ 1,000,000 12 104 9030404 S 144th St Bridge - Sidewalks Not started, seeking grants, no $ to date Grant Funded - 227,000 13 104 92010401 Overlay & Repair 2020 Design underway, ready to bid, on hold City 1,400,000 128,453 71,547 $ 1,200,000 14 104 82010403 Traffic Counts 2020 Ongoing, contract began 1/1/20 City 18,750 3,300 15,450 15 104 92010402 Bridge Inspections 2020 4 legally required bridge inspections City 196,000 93,000 2,252 49,444 20,000 16 104 91710406 S 196th St/200th St Br Repair Completed, retainage to be paid City 1,304 16,000 17 104 91610407 S 119th St Pedestrian Bridge Painting of pedestrian bridge on hold City 200,000 18 104 91510405 ADA Improvements ADA ramps at 53, 58, on hold w/ Overlay City 50,000 50,000 19 104 82010404 Annual Traffic Signal Ongoing, reduced by 50%, deferred maint. City 125,000 2,549 59,951 62,500 20 104 11301302 Wetland & Envir Mitigation Ongoing, required by permit City 40,000 16,219 23,781 21 104 82010405 Transp Element of the Comp Plan Not started, required by GMA, due by 2021 City 400,000 400,000 22 104 82010406 Walk & Roll Update not started, on hold City 75,000 75,000 23 104 81710404 TIB Channelization Study Study completed, $25k balance remaining City 25,000 25,000 24 104 Park Impact Fees Transfer to 301 Housekeeping transfer from 104 to 301 City 1,009,000 1,009,000 Total 104 Fund $ 4,331,379 $ 4,462,000 303 Fund - Facilities $ 325,646 $ 5,835,232 $ 1,200,000 $ 1,432,500 25 Beginning Fund Balance Drawdown of fund balance $ 656,000 27 303 91930304 6300 Dry Fire Sprinkler System Completed City 30,000 $ 30,000 28 303 91630305 TCC Siding Repairs Not started, 2 quotes received in 2019 City 200,000 $ 120,000 303 91630305 TCC Siding Repairs -Savings Savings from bids City 80,000 303 91630304 City Hall Siding Repairs No started City 100,000 $ 100,000 29 303 82030301 2020 Facilities Study/Seismic RFPs in, not started City 300,000 110,000 190,000 Total 303 Fund $ 630,000 $ 30,000 $ - $ 210,000 $ 390,000 Total 1 $ 1,822,500 Lines 3 & 12, not added in totals as completely grant funded and no grants to date. Dedicated revenues include REET, Parking tax, & MVFT Grant funded Line 11, Solid Waste Utility tax revenue may be reduced due to COVID-19 00 v hops://tukwilawa.sharepoint.com/sites/publicworks/engineering/Shared Documents/Actlw 2020 Project-lu